SUPERANNUATION (RESOLUTION OF COMPLAINTS) ACT 1993

PART 6 - REVIEW OF DECISIONS OR CONDUCT COMPLAINED OF  

Division 3 - The review meeting  

SECTION 37   TRIBUNAL POWERS - COMPLAINTS UNDER SECTION 14  

37(1)   [Tribunal's powers when reviewing decision of trustee]  

For the purpose of reviewing a decision of the trustee of a fund that is the subject of a complaint under section 14 :


(a) the Tribunal has all the powers, obligations and discretions that are conferred on the trustee; and


(b) subject to subsection (6), must make a determination in accordance with subsection (3).

37(2)   [Tribunal's powers when reviewing decision of insurer or decision-maker]  

If an insurer or other decision-maker has been joined as a party to a complaint under section 14 :


(a) the Tribunal must, when reviewing the trustee's decision, also review any decision of the insurer or other decision-maker that is relevant to the complaint; and


(b) for that purpose, has all the powers, obligations and discretions that are conferred on the insurer or other decision-maker; and


(c) subject to subsection (6), must make a determination in accordance with subsection (3).

37(3)   [Tribunal's determination]  

On reviewing the decision of a trustee, insurer or other decision-maker that is the subject of, or relevant to, a complaint under section 14 , the Tribunal must make a determination in writing:


(a) affirming the decision; or


(b) remitting the matter to which the decision relates to the trustee, insurer or other decision-maker for reconsideration in accordance with the directions of the Tribunal; or


(c) varying the decision; or


(d) setting aside the decision and substituting a decision for the decision so set aside.

37(4)   [Extent of Tribunal's determination]  

The Tribunal may only exercise its determination-making power under subsection (3) for the purpose of placing the complainant as nearly as practicable in such a position that the unfairness, unreasonableness, or both, that the Tribunal has determined to exist in relation to the trustee's decision that is the subject of the complaint no longer exists.

37(5)   [Determination must not be contrary to law governing rules or contract]  

The Tribunal must not do anything under subsection (3) that would be contrary to law, to the governing rules of the fund concerned and, if a contract of insurance between an insurer and trustee is involved, to the terms of the contract.

37(6)   [Decision to be affirmed if fair and reasonable]  

The Tribunal must affirm a decision referred to under subsection (3) if it is satisfied that the decision, in its operation in relation to:


(a) the complainant; and


(b) so far as concerns a complaint regarding the payment of a death benefit - any person (other than the complainant, a trustee, insurer or decision-maker) who:


(i) has become a party to the complaint; and

(ii) has an interest in the death benefit or claims to be, or to be entitled to benefits through, a person having an interest in the death benefit;

was fair and reasonable in the circumstances.


 

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